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Labor and Employment Law Commons™

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2009

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Institution
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Articles 121 - 150 of 221

Full-Text Articles in Labor and Employment Law

Nepali Female Migrants And Informalization Of Domestic Care Work: Service Or Servitude?, Shobha Hamal Gurung Jan 2009

Nepali Female Migrants And Informalization Of Domestic Care Work: Service Or Servitude?, Shobha Hamal Gurung

Institute for Asian American Studies Publications

Nepali female migrants are among the fastest-growing immigrant workforces in the South Asian community, particularly in service and domestic work in big cities of the United States. However, there has not until now been a study investigating the work experiences of Nepali immigrants/migrants employed in the service and domestic sectors in these cities. This article investigates the work experiences of Nepali female migrants who work in service and domestic/child care work in Boston and New York, focusing on examining the type and nature of women's work, labor practices, work and living conditions, women's experiences and views about their work, and …

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Putting Amotion In Motion: Removal Of An Elected Official By A Municipal Governing Body For Just Cause, Cathryn M. Little Jan 2009

Putting Amotion In Motion: Removal Of An Elected Official By A Municipal Governing Body For Just Cause, Cathryn M. Little

Campbell Law Review

This Article will examine the development and application of North Carolina common law addressing the removal of an elected municipal official through the process of "amotion." Amotion is recognized as an "inherent power" of the governing body of a municipal corporation to remove an elected official for reasonable and just cause due to misconduct or unfitness to hold office.

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Balancing Erisa's Anti-Alienation Provisions Against Garnishment Of A Convicted Criminal's Retirements Funds: Unscrambling The Approaches To Protecting The Retirement Nest Egg, Alan K. Ragan Jan 2009

Balancing Erisa's Anti-Alienation Provisions Against Garnishment Of A Convicted Criminal's Retirements Funds: Unscrambling The Approaches To Protecting The Retirement Nest Egg, Alan K. Ragan

University of Baltimore Law Review

No abstract provided.

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Making Good On Good Intentions: The Critical Role Of Motivation In Reducing Implicit Workplace Discrimination, Katharine T. Bartlett Jan 2009

Making Good On Good Intentions: The Critical Role Of Motivation In Reducing Implicit Workplace Discrimination, Katharine T. Bartlett

Faculty Scholarship

Discrimination in today’s workplace is largely implicit, making it ambiguous and often very difficult to prove. Employment discrimination scholars have proposed reforms of Title VII to make implicit discrimination easier to establish in court and to expand the kinds of situations to which liability attaches. The reform proposals reflect a broad consensus that strong legal norms are crucial to addressing the problem. Yet it is mistaken to assume that strengthening plaintiffs’ hands in implicit discrimination cases will necessarily achieve the long-term goal of reducing its occurrence. This Article brings together several strands of social science research showing that (1) implicit …

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Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller Jan 2009

Engquist V. Oregon Department Of Agriculture: No Harm Meant? The Vanquished Requirement Of Ill-Will In Class-Of-One Equal Protection Claims And The Erosion Of Public Employees’ Constitutional Rights, Kerstin Miller

Maryland Law Review

No abstract provided.

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Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin Jan 2009

Time Off For Military Families: An Emerging Case Study In A Time Of War...And The Tipping Point For Future Laws Supporting Work-Life Balance?, Marcy L. Karin

Journal Articles

No abstract provided.

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The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal Jan 2009

The Legal Framework For States As Employers-Of-Choice In Workplace Flexibility: A Case Study Of Arizona And Michigan, Marcy L. Karin, Gregory Fetterman, Meghan T. Mccauley, Mackenzie Deal

Journal Articles

The Legal Framework for States as Employers-of-Choice in Workplace Flexibility: A Case Study of Arizona and Michigan examines the legal frameworks Arizona and Michigan utilize for flexible work arrangements, time off, and career flexibility in their state workforce. Specifically, it provides an overview of the statutes, regulations, executive actions, and collective bargaining agreements that authorize workplace flexibility in the state workforce. After laying out this framework for both states, this paper makes several key observations: • Flexibility provides multiple benefits to states as employers, to state employees, and to the community at large. The business case for workplace flexibility is …

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Workplace Romance And The Economic Duress Of Love Contract Policies, Ian J. Silverbrand Jan 2009

Workplace Romance And The Economic Duress Of Love Contract Policies, Ian J. Silverbrand

Villanova Law Review (1956 - )

No abstract provided.

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Employers Cannot Get The Message: Text Messaging And Employee Privacy, Amanda J. Lavis Jan 2009

Employers Cannot Get The Message: Text Messaging And Employee Privacy, Amanda J. Lavis

Villanova Law Review (1956 - )

No abstract provided.

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Protecting Farm Workers' Rights: The Broad Construction Of The Migrant And Seasonal Agricultural Worker Protection Act In Chavez V. Riceland Foods, Inc., Adrianne C. Crow Jan 2009

Protecting Farm Workers' Rights: The Broad Construction Of The Migrant And Seasonal Agricultural Worker Protection Act In Chavez V. Riceland Foods, Inc., Adrianne C. Crow

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty Jan 2009

Toxicogenomics And Workers' Compensation: A Reworking Of The "Bargain"?, Joan E. Flaherty

Journal of Health Care Law and Policy

No abstract provided.

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Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory Jan 2009

Unsafe Workplace, Injured Employees, And The Bizarre Bifurcation Of Section 7 Of The National Labor Relations Act, David L. Gregory

West Virginia Law Review

No abstract provided.

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Making Pregnancy Work: Overcoming The Pregnancy Discrimination Act's Capacity-Based Model, Joanna L. Grossman, Gillian Thomas Jan 2009

Making Pregnancy Work: Overcoming The Pregnancy Discrimination Act's Capacity-Based Model, Joanna L. Grossman, Gillian Thomas

Faculty Journal Articles and Book Chapters

This article considers the gaps and obstacles in current law faced by the pregnant woman whose job duties may conflict with pregnancy's physical effects. While there is no inherent conflict between pregnancy and work, women in physically strenuous or hazardous occupations, from nursing to law enforcement, routinely confront situations in which they are physically unable to perform aspects of their job or, though physically able, they seek to avoid certain tasks or situations because of the potential risks to maternal or fetal health. The Pregnancy Discrimination Act of 1978 (PDA) broadly protects against "pregnancy discrimination," but it provides absolute rights …

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Private Injuries, Public Policies: Adjusting The Nlrb's Approach To Backpay Remedies Symposium: Whither The Board: The National Labor Relations Board At 75, James J. Brudney Jan 2009

Private Injuries, Public Policies: Adjusting The Nlrb's Approach To Backpay Remedies Symposium: Whither The Board: The National Labor Relations Board At 75, James J. Brudney

Faculty Scholarship

From fiscal years 2004 through 2008, over 135,000 employees received backpay through NLRB proceedings, mostly based on wrongful discharges. The Labor Board's backpay determination processes are often cumbersome and time-consuming to apply: they effectively invite employers to reduce and delay monetary recoveries and, not coincidentally, they undermine the remaining employees' interest in pursuing unionization and a collective bargaining relationship. The Article first asks to what extent the Board has statutory authority to adjust its approach toward backpay and mitigation. The answer, in short, is more than has previously been understood. Invoking the remedial authority found within section 10(c) and embraced …

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Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas Jan 2009

Social Networking And Blogging: The New Legal Frontier, 9 J. Marshall Rev. Intell. Prop. L. 500 (2009), Robert Newman, Liisa Thomas

UIC Review of Intellectual Property Law

Improvements in communication technology have effectively made the world a smaller place. As businesses attempt to exploit these new technological improvements to better communicate their messages to their clients, these same improvements continue to raise new and difficult legal issues related to fair trade practices, privacy, and freedom of speech. This article identifies current legal developments related to advertising in the online world and analyzes the actions taken to resolve these new and difficult legal issues within the framework of United States federal and state law and private industry-specific self-governance.

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Lawrence: An Unlikely Catalyst For Massive Disruption In The Sphere Of Government Employee Privacy And Intimate Association Claims, Matthew W. Green Jr. Jan 2009

Lawrence: An Unlikely Catalyst For Massive Disruption In The Sphere Of Government Employee Privacy And Intimate Association Claims, Matthew W. Green Jr.

Law Faculty Articles and Essays

In 2003, the U.S. Supreme Court handed down Lawrence v. Texas, the landmark decision that overturned a Texas statute proscribing homosexual sodomy. The Supreme Court held that the Texas statute infringed the right of 'free adults" to engage in private, consensual, non-commercial sexual conduct in their home. In doing so, the Court overturned a prior case, Bowers v. Hardwick, which had upheld a Georgia sodomy statute. In his Lawrence dissent, Justice Scalia predicted that overruling Bowers would cause a massive disruption of the current social order. To substantiate his point, he cites numerous cases, many in the area of public …

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The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough?, Kati L. Griffith Jan 2009

The Nlra Defamation Defense: Doomed Dinosaur Or Diamond In The Rough?, Kati L. Griffith

American University Law Review

With the National Labor Relations Act of 1935 (NLRA), Congress intended to provide private-sector employees with the right to organize collectively for their mutual aid and protection in the workplace. However, the NLRA faces a tsunami of criticism, much of which highlights its inadequacies with respect to protecting collective activity among employees. In light of the NLRA’s myriad limitations, some scholars have developed promising proposals to identify new legal bases for protecting collective activity among employees outside of the NLRA. This Article redirects our gaze back to the NLRA’s potential to protect some forms of collective activity. It elaborates the …

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Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison Jan 2009

Class Dismissed: Equal Protection, The "Class-Of-One," And Employment Discrimination After Engquist V. Oregon Department Of Agriculture, Matthew M. Morrison

University of Colorado Law Review

This Note examines whether government employees should be able to assert so-called "class-of-one" claims against public employers under the Fourteenth Amendment's Equal Protection Clause. Traditional equal protection claims allege that the government has impermissibly singled out the plaintiff for disparate treatment on account of his or her race, gender, or some other trait shared with a larger class of individuals. Such claims reflect the traditional understanding of the Equal Protection Clause as a prohibition on discriminatory group classifications. Class-of-one claims, however, merely allege that the plaintiff was intentionally singled out from other similarly situated individuals and subjected to unequal treatment …

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Independent Investigations: An Inequitable Out For Employers In Cat's Paw Cases, Sean Ratliff Jan 2009

Independent Investigations: An Inequitable Out For Employers In Cat's Paw Cases, Sean Ratliff

University of Colorado Law Review

This Comment addresses the extent to which judges should be allowed to grant summary judgment for employers who conduct "independent investigations" in cat's paw employment cases. A cat's paw employment case is one in which an employee attempts to hold an employer liable for an adverse action based upon the conduct of a biased supervisor. The supervisor, who lacks decision-making authority, may have influenced or participated in the decision to take the adverse employment action. Currently, the circuits split over the requisite level of influence that the supervisor must have over the ultimate decisionmaker in order to impute liability. This …

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Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan Maher Jan 2009

Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan Maher

Faculty Articles and Papers

Notwithstanding the fact that ERISA was enacted to protect employee benefits, courts have narrowly construed the relief available when benefits are denied, out of concern that a stronger remedy would be too costly for the system to bear. Judges, I argue, are ill-equipped to make this policy judgment. Instead, a regulated, subsidized, paternalistic market should be created to permit the benefit players themselves to choose and price the strength of the remedy they desire. This is a superior means to reach the right level of remedial strength for the most players. To protect against undesirably weak remedial options being selected, …

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Funding Public Pension Plans, 42 J. Marshall L. Rev. 837 (2009), Jonathan Barry Forman Jan 2009

Funding Public Pension Plans, 42 J. Marshall L. Rev. 837 (2009), Jonathan Barry Forman

UIC Law Review

No abstract provided.

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Employment As Transaction, Rachel Arnow-Richman Jan 2009

Employment As Transaction, Rachel Arnow-Richman

UF Law Faculty Publications

This piece offers a fresh perspective on the upper-level employment law class based on the theme of employment as transaction. Like much of law school, employment law is often taught from a public advocacy perspective in which the primary role of the lawyer is to vindicate workers' rights or responsively defend managerial action. As a doctrinal matter, however, courts are showing increased attention to the role of private ordering in defining workplace rights and assessing liability, even in regulatory areas. Courts routinely examine employers' efforts to redress unlawful behavior under antidiscrimination law and consistently sanction the use of arbitration agreements …

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Toward A Plain Meaning Approach To Analyzing Title Vii: Employment Discrimination Protection Of Transsexuals, Kevin Schwin Jan 2009

Toward A Plain Meaning Approach To Analyzing Title Vii: Employment Discrimination Protection Of Transsexuals, Kevin Schwin

Cleveland State Law Review

The purpose of this Article is two-fold. First, this Article will discuss whether transsexuals should be protected at all from employment discrimination, and if so, whether protection should be accomplished through legislative or judicial means. Then, the Article will discuss each of the aforementioned approaches and advocate for a logical and consistent manner in which courts should decide cases under Title VII where a transsexual plaintiff alleges discrimination because of sex.

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A Primer On The Need To Continue Monitoring Closely The Transfer Of Social Welfare Risk And Liability Of Employee Benefit Plans, James E. Holloway Jan 2009

A Primer On The Need To Continue Monitoring Closely The Transfer Of Social Welfare Risk And Liability Of Employee Benefit Plans, James E. Holloway

Cleveland State Law Review

This Article examines why federal legislative policy-makers and judicial decision-makers should ascertain the impact of the transfer of risk and liability on furthering welfare and security interests and preserving organizational discretion under ERISA and public policy. Part I explains why business organizations or employers transfer risk and liability to employees and retirees. This transfer occurs where global business outcomes cause social consequences that are driven directly by business decisions responding to new global competition and less American economic standing. Part II explains the need to assess the substantive issues and public policy concerns underlying legislative acts and judicial interpretations limiting …

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A Step Too Far: Pyett And The Compelled Arbitration Of Statutory Claims Under Union-Controlled Labor Contract Procedures, Mark Berger Jan 2009

A Step Too Far: Pyett And The Compelled Arbitration Of Statutory Claims Under Union-Controlled Labor Contract Procedures, Mark Berger

Faculty Works

Over time, the Federal Courts have become increasingly supportive of and deferential to arbitration and mandatory arbitration clauses. Because arbitration under Collective Bargaining Agreements (CBAs) were governed by different but analogous statutes, however, there were always rules carved out for CBA-related arbitration, specifically with regard to claims of discrimination based on statutes external to the CBA. However, as the mandatory arbitration of statutory claims became accepted under non-CBA agreements, the reasoning of this rule was undermined. In 14 Penn Plaza v. Pyett, the Supreme Court abandoned this separation and adopted a rule that CBAs could mandate that statutory claims be …

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Rhymes With Rich: Power, Law, And The Bitch, Yvonne A. Tamayo Jan 2009

Rhymes With Rich: Power, Law, And The Bitch, Yvonne A. Tamayo

St. Thomas Law Review

For over six centuries, bitch has been used as a term of contempt toward women. Originally, bitch referenced a sensual or promiscuous woman, and later evolved to include a woman considered angry, spiteful, or malicious. Today, the term includes a woman deemed aggressive, competitive, or domineering. Despite its definitional nuances, bitch remains an unequivocal expression of hostility used to denounce, harass, and insult women who, by acting outside of their prescribed gender roles, threaten the established paradigm of power as an inherently male characteristic. Part I of this article examines the animus behind the bitch epithets levied against women in …

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Representativity, Civil Society, And The Eu Social Dialogue: Lessons From The International Labor Organization, Faina Milman-Sivan Jan 2009

Representativity, Civil Society, And The Eu Social Dialogue: Lessons From The International Labor Organization, Faina Milman-Sivan

Indiana Journal of Global Legal Studies

This article addresses representativity questions that arise from the formal insertion of private,functional groups within the European Union (EU) governance via the EU social dialogue. It depicts the representativity debate at the EU social dialogue and suggests that important lessons can be learned through the examination of another institutional context in which similar questions have been raised and addressed: the International Labor Organization (ILO) tripartite structure. In addition, it ascertains that the issue of representativity of the EU social partners would further benefit from viewing it in the broader context of the EU "democratic deficit." The article concludes that such …

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Reasonable Factors Other Than Age: The Emerging Specter Of Ageist Stereotypes, Judith J. Johnson Jan 2009

Reasonable Factors Other Than Age: The Emerging Specter Of Ageist Stereotypes, Judith J. Johnson

Journal Articles

In spite of two recent Supreme Court cases that ostensibly reinstated a more expansive interpretation of discrimination under the Age Discrimination in Employment Act (ADEA), the protection that the ADEA affords still faces the same danger that threatened it before these decisions. The courts, including the Supreme Court, have been allowing employers to interpose defenses that correlate so strongly with age that they can be used as thinly veiled covers for discrimination. If the Court is serious about enforcing the purpose of the ADEA, it must interpret the “reasonable factor other than age” (RFOA) defense to protect older employees from …

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Working For (Virtually) Minimum Wage: Applying The Fair Labor Standards Act In Cyberspace, Miriam A. Cherry Jan 2009

Working For (Virtually) Minimum Wage: Applying The Fair Labor Standards Act In Cyberspace, Miriam A. Cherry

All Faculty Scholarship

As more work enters cyberspace, takes place in virtual worlds, and collapses traditional nation-state barriers, we are entering a new era of “virtual work.” In this article, I use “virtual work” as an umbrella term to encompass work in virtual worlds, crowdsourcing, clickworking, even sweeping in, to some degree, the commonplace telecommuting and “mobile executives” that have become ubiquitous over the past decade.Are such new forms of “work” entitled to the minimum payment standards mandated under the FLSA? As the United States enters another economic crisis, and with advances in technology key to continued economic growth and stability, these questions …

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A Conference On The American Law Institute's Proposed Restatement Of Employment Law, Kenneth Glenn Dau-Schmidt Jan 2009

A Conference On The American Law Institute's Proposed Restatement Of Employment Law, Kenneth Glenn Dau-Schmidt

Articles by Maurer Faculty

In this volume, the Employee Rights and Employment Policy Journal presents the written reports of three working committees organized by the Labor Law Group on the American Law Institute’s Proposed Restatement (Third) of Employment Law, along with various written comments on and responses to these reports. These reports and comments were originally presented on February 7, 2009, at a conference on the American Law Institute’s Proposed Restatement (Third) of Employment Law held at the University of California – Hastings School of Law and co-hosted by the School of Law and the Labor Law Group. As the Chair of the Labor …

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